Law Summary
Content Requirements of the Proclamation
- The proclamation must specify the date, place, and conditions of the plebiscite or referendum.
- It must clearly define or state the issues to be voted upon, whether national or local in scope.
Authority of Local Legislative Bodies to Call Plebiscites or Referenda
- The Sangguniang Panlalawigan (Provincial Council), Sangguniang Panlungsod (City Council), and Sangguniang Bayan (Municipal Council) may call plebiscites or referenda on issues affecting their respective localities.
Methods of Conducting Plebiscites or Referenda
- The plebiscite or referendum may be conducted either formally or informally, as determined by the President.
- They may be conducted through barangays under the supervision of the Commission on Elections (COMELEC) or by an agency designated by the President but supervised by COMELEC.
Informal Voting Procedures
- Informal plebiscites or referenda may be conducted via viva voce (voice) voting.
- Such informal voting shall be conducted through the barangays or other agencies designated by the President and supervised by COMELEC.
Petition and Grounds for Recall of Local Elective Officials
- A petition for recall can be filed by at least one-fifth (1/5) of the registered voters of a province, city, or municipality.
- Grounds for recall include, but are not limited to: disloyalty to the Republic, dishonesty, oppression, misconduct in office, corruption, ignorance, negligence, incompetence, or any other sufficient cause as determined by petitioners.
- Upon filing, the President shall call for a vote of recall under COMELEC supervision.
Recall Voting Process and Election of Successor
- The recall shall be conducted by voting within the concerned local government unit.
- Qualified candidates for the position include the incumbent official who is subject to recall.
- The recall is effective only if a successor is duly determined by receiving the highest number of votes.
- If the incumbent official receives the highest votes, it is deemed that confidence has been restored in that official.
Rulemaking Authority of the Commission on Elections
- COMELEC is mandated to promulgate rules and regulations necessary for the implementation of this law.
Repeal and Modification of Inconsistent Laws
- All laws, decrees, orders, rules, and regulations inconsistent with this law are repealed or modified accordingly to conform to its provisions.